MATTER OF CRUZ v. DIVISION OF PAROLE

530483.

185 A.D.3d 1369 (2020)

126 N.Y.S.3d 426

2020 NY Slip Op 04360

In the Matter of Larry Cruz, Appellant, v. Division of Parole, New York State Department of Corrections and Community Supervision, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided July 30, 2020.


Petitioner appeals from a judgment dismissing his CPLR article 78 petition challenging the denial by the Board of Parole of his fifth request for parole release. The Attorney General has advised this Court that, during the pendency of this appeal, petitioner reappeared before the Board and was denied parole. In view of this, the appeal is now moot and, as the narrow exception to the mootness doctrine is inapplicable, it must be dismissed (see Matter of Adger v Department...

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